Next Steps & Deadlines For DACA Recipients After September 5, 2017
It has been a little over a week since the crushing news of the rescission of DACA (Deferred Action for Childhood Arrivals). The country is still feeling the reverbs from the impact. Now that the initial shock is over, you need to ask yourself what the next steps are if you are a DACA recipient. While Congress works over the next 6 months toward a replacement policy, there are questions that you should ask yourself based on your specific situation.
First there are some important dates and deadlines to point out:
September 5, 2017 – As of this date, initial (new) DACA applications are no longer being accepted. If your DACA expired before this date and you do not have a pending renewal application in process with USCIS, there is no avenue for renewing your DACA and EAD at this time.
If your DACA employment authorization document (EAD) expires between September 5, 2017 and March 5, 2018, then you are STILL ELIGIBLE to apply to renew your DACA, but you have a STRICT DEADLINE to file by (see below).
October 5, 2017 – All eligible DACA renewal applications must be RECEIVED by USCIS on or before October 5, 2017 to be accepted. If your application is received by USCIS on or after October 6, 2017, it will be rejected.
If your DACA and EAD expires after March 5, 201>, there is no process to renew your DACA and EAD at this time.
I am a DACA recipient currently. Will my DACA status and work permit be taken away?
No.
Your DACA and work permit are valid up until the expiration date found on your I-797 Notice of Approval or on your Employment Authorization Document (EAD).
My expiration date is between September 5, 2017 and March 5, 2018, can I renew it?
Yes, you can apply for DACA renewal, but USCIS must RECEIVE your application by October 5, 2017 in order for it to be accepted. This time window is very important and cannot be missed if you want to renew your DACA for another 2 years.
Where do I find my DACA expiration date?
Check your I-797 Approval Notice or your Employment Authorization Document (EAD Card) to find your expiration date.
My expiration date is after March 5, 2018, now what?
Unfortunately, you cannot apply for renewal at this time. USCIS will not accept any renewal applications if your DACA expires after March 5, 2018.
My DACA expired before September 5, 2017 and I didn’t apply for Renewal yet. Can I still apply for renewal?
Unfortunately, you cannot apply for renewal at this time.
I applied for DACA for the first-time or to renew my DACA before September 5, 2017, and my request is pending. What happens?
DHS stated that “[D]ue to the anticipated costs and administrative burdens associated with rejecting all pending initial requests, USCIS will adjudicate—on an individual, case-by-case basis—all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017.”
If you have not received a receipt notice for an application you have previously submitted it is unclear at this time whether these applications will be adjudicated.
How can Road to Status help?
It is unclear if Congress will act quickly to protect DREAMers and other immigrants affected by the wind-down of the DACA program, but if you’re eligible to submit your DACA renewal application, do not delay. Prepare and mail your application ASAP.
Through our easy-to-use software, you can accurately prepare your DACA renewal application. And if you get stuck along the way, have a question, or want to connect with one of our network-partner attorneys – for an affordable consultation or review of your application – we’re here for you!
Road to Status exists to help ease the immigration application process because immigration forms and fees can be complicated even for the most straightforward of situations. When times are difficult, as they are now, we want to help get as many people who are eligible for immigration benefits on the path to getting those benefits.
USCIS currently shows that from August through December 2017, over 200,000 individuals are set to have their DACA/EADs expire. Of these individuals, 55,000+ have already submitted requests for renewal of their DACA to USCIS.
Is your DACA one of those that needs to be renewed? Click here, we’re here to help!
Please note:
There is now a six month “time period for Congress to act — should it so choose.” These six months will no doubt be a difficult time for DREAMers, but there are actions that DREAMers and those that support them can take. Visit http://weareheretostay.org/resources/ to find resources that can help you through the upcoming months.
